logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.03.30 2016노1004
교통사고처리특례법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. The Defendant’s negligence that led to a serious consequence of the death of the victim is disadvantageous to the Defendant.

However, the defendant is the first offender, and he is aware of the crime of this case, and reflects his mistake in depth.

In addition, one accident vehicle is covered by a comprehensive insurance, and the defendant's bereaved family member does not want the punishment of the defendant in consultation with the victim's bereaved family member.

Although the accident of this case occurred in the crosswalk, the victim was negligent in crossing the red signals without permission.

In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., as well as the circumstances favorable to or unfavorable to the Defendant, and the reasons for sentencing of the lower judgment, considering the following factors, the lower court’s punishment is too uneasible and unreasonable even if the Prosecutor claims on the grounds of appeal, considering various circumstances asserted by the Prosecutor.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

arrow